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Delhi High Court - Orders

Castrol Limited vs Rajesh Kumar Tuteja And Anr on 4 September, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                          $~28
                                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +           C.O. (COMM.IPD-TM)                                       208/2023    and   I.A.   16945/2023,
                                                      16946/2023
                                                      CASTROL LIMITED                                                            ..... Petitioner
                                                                   Through:                                      Mr. Urfee Roomi, Mr. Anubhav
                                                                                                                 Chhabra, Ms. Radhika Arora & Mr.
                                                                                                                 Ayush Dixit,       Advocates (M:
                                                                                                                 8447056764).

                                                                                         versus

                                                      RAJESH KUMAR TUTEJA AND ANR.                                               ..... Respondents
                                                                     Through: None.
                                                      CORAM:
                                                      JUSTICE PRATHIBA M. SINGH
                                                               ORDER

% 04.09.2023

1. This hearing has been done through hybrid mode. I.A. 16945/2023 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of. C.O. (COMM.IPD-TM) 208/2023 and I.A. 16946/2023 (for advance notice to R-1)

3. The present rectification petition has been filed by the Petitioner- Castrol Limited under Section 57 of the Trade Marks Act, 1957 seeking rectification/cancellation of the mark 'NEWCAST ROI RACING' bearing number 5299787 in class 4. The said application was filed on 25th January, 2022 on proposed to be used basis.

4. Issue notice. Let reply be filed within four weeks. Rejoinder, if any, be filed within four weeks.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:09:26

5. List before the Joint Registrar on 3rd November, 2023.

6. List before the Court on 12th February, 2024.

PRATHIBA M. SINGH, J.

SEPTEMBER 4, 2023 mr/am This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:09:26